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Wildlife Management and Muirburn (Scotland) Act 2024
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Application for release of item or document
15(1)This paragraph applies where an item or document is being retained as the result of the exercise of a power under this schedule.
(2)A person with an interest in the item or document may apply to the sheriff for an order requiring it to be released to that or another person.
(3)The sheriff may make an order requiring an item or document to be released only if satisfied that condition A or B is met.
(4)Condition A is that—
(a)no proceedings have been brought for an offence as the result of the investigation in the course of which the item or document was seized, and
(b)the period of 12 months beginning with the day on which the item or document was seized has expired.
(5)Condition B is that—
(a)proceedings of the kind mentioned in sub-paragraph (4)(a) have been brought, and
(b)those proceedings have been concluded without the item or document being forfeited.
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